Court : Andhra Pradesh
Reported in : AIR2008AP74; 2007(6)ALD796; 2008(1)ALT1
..... pila debi 76 c.w.n. 400, the calcutta high court held that:section 214(1)(a) of the indian succession act is only a bar to the institution of execution proceeding by a person claiming on succession. there is no bar to the continuance of execution proceedings which have already been initiated by the deceased decree holder. ..... the amount.section 214 of the indian succession act reads as follows:214. (1) no court shall-proof of representative title a condition precedent to ..... covers cases of succession only and cases of survivorship are not within the ambit of that act. where a family is a joint mitakshara family and the amount sought to be recovered is an asset of the joint family, the plaintiff, who claims by survivorship, cannot be compelled to take out a succession certificate to enable him to recover .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(2)ALT161
..... be taken into consideration:provided that the licence holder shall immediately report to the nearest forest officer, the timber without property marks, and the timber not claimed by others.(6) when timber is brought for conversion to saw mill premises, the licence holder should retain the original permit and issue 'form-ii permit ..... by conservator of forests, adilabad circle, and consequential proceedings dated 08.11.2002 of second respondent as illegal and arbitrary being contrary to andhra pradesh forest act, 1967 (the act, for brevity) and andhra pradesh saw mills (regulation) rules, 1969 (the rules, for brevity). petitioners also seek a consequential direction to respondents ..... shall be checked by the divisional forest officer and take necessary action whenever irregularity is noticed as per saw mill regulation rules andhra pradesh forest act whenever irregularity is noticed the matter shall be repented to the conservator of forests.(3) the above proforma at para 1 should be followed by .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(2)ALD179; 2000(1)ALT666
..... raised in preeti srivastava's case (supra). the veterinary council of india is a body constituted under section 3 of the indian veterinary council act, 1984 (vc act, for brevity).43. the veterinary council is entrusted with the duty and function of regulation of veterinary practice and matters connected therewith. it is ..... injunction restraining the council from implementing the proposals till they are approved by (he secretary of the state as per the relevant provision in education act, 1944. the high court of judicature refused injunction though recorded a finding that the council breached the provision of law. the plaintiffs' appeal before ..... 1995)4scc104 . the question whether state government has power to grant and withdraw permission to start a technical institution after coming into force of the aicte act fell for consideration in adhiyaman's case (supra). after referring to various provisions of the constitution the apex court ruled --'.......article 248 vests parliament withthe .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(6)ALD263; 2004(6)ALT344
..... compromise or agreement entered into or scheme framed or 'sanad' or grant made or judgment, decree or order passed by any court, tribunal or other authorities prior to the commencement of this act and in force on such commencement, all rights, whether, hereditary, contractual or otherwise of a person holding any office of the ..... of executive officer, who filed the present suit.6. a written statement came to be filed in o.s. no. 16 of 1918 by the defendants, claiming that the plaint schedule property was 'archakatvam service inam' and the defendants therein and their ancestors had been enjoying the property as 'archakas' from times immemorial ..... . 16 of 1918 was collusive, that suit was not collusive.5. defendant no. 1 filed written statement denying that the property belonged to the deity. he claimed that veerabhadrudu and his decedents were treating the plaint schedule property as the one granted to them for rendering 'archakatvam' in plaintiff temple. families of 'veerabhadrudu' .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(2)ALT736
..... the hereditary rights of mirasidars, archakas and other office holders and servants, the fact remains, the archakas who seek to claim the benefit of sub-section (3) of the endowments act, for continuing as archakas, have to satisfy four conditions, namely (1) he must be a member of archaka family, (2) he should be a qualified archaka, (3) he must have ..... continued archakatvam as on the date of repealing of 1966 endowments act, (4) he should be recognized as archaka by the competent authority. unless the archakas claiming the benefit of sub-section (3) of section 34 of the endowments act, satisfy the four qualifications, they cannot continue to have the right to archakatvam. further, those who qualify .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(1)ALD28; 1998(6)ALT318
..... ) the tobacco products which arc supplied by way of consignment to another state, whether the consignment is to himself or to any other person and in support of such claim, the proprietor produces on demand a certificate as may be prescribed; and (ii) the tobacco products which are supplied by way of sale in tile course of inter ..... 301 to 304 of the constitution of india.87. the learned counsel for thepetitioners further argued that by enacting theadditional duty of excise (goods of special importance) act (act 58 of 1957), the parliament levies additional duties of excise and distributes a part of the proceeds among the states provided the states do not levy taxes on ..... advanced by the learned counsel for the petitioners as well as the learned advocate-general, the following questions arise for consideration:(1) whether the andhra pradesh tax on luxury act (act 28 of 1996) is in pith and substance a tax on sale of tobacco or is it a tax on supply of luxury- viz., tobacco? (2) whether .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(1)ALD73; 1999(6)ALT304
..... v. district collector, visakhapatnam, : 1999(4)ald215 , a learned single judge of this court held that a mere encroacher of a temple land cannot claim an injunction against the temple and that temple authorities cannot be compelled to consider the application filed by the encroacher seeking to purchase the subject land. in ..... encroachers, for evicting them, the devasthanams has to follow the procedure prescribed under section 83 of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 and until such time they are evicted by following the due procedure prescribed by law, the appellants are entitled to continue in possession and such ..... more than that. he contended that the tirumala tirupathi devasthanam comes within the meaning of 'state' or instrumentality of state and it is expected to act fairly in all its dealings and should not discriminate between similarly situated persons or apply different yard-sticks in the matter of grant of licences or their .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(2)ALD387; 2006(1)ALT733
..... first in the petition, for granting the leave. it is further contended that the trial court passed injunction orders in the suit and the petitioner who claims to be interested and affected by the judgment and decree, is a resident of ponnur town and who alleges to be respected person belonging to arya ..... member appointed belongs to the backward classes.(6) all properties belonging to a charitable or religious institution or endowment, which on the date of commencement of this act, are in the possession or under the superintendence of the government. zilla praja parishad, municipality or other local authority or any company, society, organization, institution ..... denomination under article 26 of the constitution of india, then for appointment of board of trustees, the procedure prescribed under sections 15 and 17 of the act, which contemplates issuance of notification to the general public calling for applications for appointment of trustees, has to be followed. he stated that the leave .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(4)ALD578; 2003(5)ALT157
..... reference to these events and circumstances is necessary. as noticed already, the petitioner filed a.t.c. no. 1 of 1990 on the file of the tenancy tribunal seeking protection under the tenancy act. he filed la. no. 480 of 1990 for ad interim injunction which was dismissed. aggrieved by the same, he preferred an appeal before the district court being ..... .a. no. 3 of 2000 till the disposal of the suit. 7. yet another circumstance is that the petitioner had filed objections to the impugned auction notice claiming benefits under the tenancy act. he also gave a representation dated 3-9-2002 expressing his willingness to purchase the said land on payment of market value as per the guidelines laid down ..... 27-2-2003 on behalf of the third respondent, it is stated that the land is valued at rs. 3 crores. the petitioner without having any right over the land claiming to be the tenant filed the writ petition. he also filed a suit for declaration being o.s. no. 43 of 2002 on the file of the court of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1990CriLJ2743
..... the same in the designated court comprehensively including the offences under tada. otherwise, the magistrate shall proceed to enquire into the other offences and then act in accordance with law as provided under section 209 and thereafter the learned sessions judge also shall proceed with the trial and the sessions casein accordance ..... provides for conviction of conspirators as well as persons who harbour or conceal such offenders. section 4 prescribes punishments for disruptive activities. part iii of the act begins with s. 9, which deals with the designated courts. section 9 lays down that the central government or a state government may, by notification ..... constituted under section 9. section 3(1) provides for punishments and measures for coping with terrorist and disruptive activities. it lays down that : 'punishment for terrorist acts : (1) whoever with intent to overawe the government as by law established or ................... as to cause, or as is likely to cause, death of, or .....
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